per stirpesphr.//pər ˈstɪr.piːz/ (per STEER-peez)/
Reviewed by Owen Hathaway, AttorneyUpdated June 1, 2026How an inheritance is split among descendants when some have died first can turn on whether a will or trust says “per stirpes,” “by representation,” or “per capita at each generation,” three phrases that look interchangeable but can divide the same estate very differently. Under strict per stirpes, the estate is always split into equal shares at the children's generation, one share per child, and a deceased child's share drops straight down that child's branch of the family, even if no child is still living.
Per stirpes (Latin for “by the branches,” from stirps, a stock or root of a family) is a method of dividing property among a person's descendants by family line. Strict per stirpes always makes the first division at the children's generation: one equal share for each child who survives and one for each child who has died leaving descendants, regardless of whether any child is actually living. Each deceased child's share then passes down that child's own branch, split among that branch's descendants the same way.
Its defining feature is that the division always begins at the children's level. That is what separates it from by representation and per capita at each generation, both of which begin the division at the nearest generation that has a living member. Per stirpes keeps each family branch's total intact down the line; per capita at each generation instead pools the shares of the deceased and redistributes them equally, so that descendants equally related to the decedent come out equal. Because the same words can produce different results, the method should be stated expressly rather than left to a default rule.
Colorado, a Uniform Probate Code state, makes per capita at each generation its intestacy default; it governs the shares of intestate heirs (C.R.S. § 15-11-106) and is defined as a rule of construction for wills and trusts at C.R.S. § 15-11-709(2). It should not be confused with “by representation” (§ 15-11-709(5)), which keeps a deceased descendant's share within that person's own branch rather than pooling it. Wyoming has not adopted the UPC. Under Wyo. Stat. § 2-4-101, Wyoming follows strict per stirpes: the division point is fixed at the children's generation, and descendants of a predeceased child collectively inherit the share their parent would have taken if living. So identical language can distribute an estate differently depending on which state's law controls.
Related terms
- per capita at each generationWhether grandchildren inherit equally with their cousins or in different amounts can turn on which of three look-alike phrases a will or trust uses: “per capita at each generation,” “by representation,” or “per stirpes.” Under per capita at each generation, the estate is divided into equal shares at the nearest generation with a living member, and the shares of those who died first are pooled and split equally among the next generation, so descendants equally related to the deceased receive equal amounts.
- by representationWhich descendants inherit, and how much, can hinge on whether a will or trust says “by representation,” “per stirpes,” or “per capita at each generation,” three phrases that look interchangeable but can split the same estate very differently. Under “by representation,” the estate is divided at the nearest generation with a living member, and a deceased person's share then passes down their own branch of the family to their descendants, who “represent” the relative who died.
- intestacyWhat happens when someone dies without a valid will: state law, not the person, decides who inherits.
- willA signed, witnessed document that says who gets a person's probate property after death and names an executor to carry it out. It takes effect only at death and only after probate.
- beneficiary designationAn instruction on an account or policy naming who receives it at death. It passes outside probate and overrides what a will says.